US Laws, Codes, Statutes & Cases

40-1-10. License required; county clerk.

Each couple desiring to marry in New Mexico shall obtain a license from a county clerk and file the same for recording in the county issuing the license, following the marriage ceremony. Except as provided in Section 40-1-6 NMSA 1978, a county clerk shall issue no license for the marriage of any person under the age of majority without the consent of his parent or guardian. It shall be the duty of each county clerk to require the affidavit of at least two reliable persons who are acquainted with the age of the applicant for license, as to the age of whom a county clerk may be in doubt, and the failure of any county clerk to perform his duty under this section shall be grounds for the removal of the county clerk from office, in the manner provided for the removal from office of county officers for misfeasance or malfeasance in office.